The Beef Carcase (Classification) (Scotland) Regulations 2004

Offences and penalties

13.—(1) If any person–

(a) intentionally obstructs an authorised officer (or a person assisting the authorised person in accordance with regulation 10) in the exercise of the powers conferred by regulation 10; or

(b) fails to comply with a request under regulation 8(3)(b) , 10(1)(d) or 11,

that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) If any person–

(a) fails to comply with any other requirement imposed on that person under a Community provision or these Regulations;

(b) contravenes any prohibition contained in a Community provision or these Regulations;

(c) for the purpose of obtaining a licence under regulation 6 or 7, knowingly or recklessly makes a statement which is false in a material particular; or

(d) makes an alteration to a licence obtained under regulation 6 or 7,

that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) Proceedings for an offence under paragraph (1) or (2) above may, subject to paragraph (4), be commenced within a period of six months from the date on which evidence sufficient in the opinion of the procurator fiscal to warrant proceedings came to the knowledge of the procurator fiscal.

(4) No such proceedings shall be commenced by virtue of paragraph (3) more than twelve months from the commission of the offence.

(5) For the purposes of paragraph (3)–

(a) a certificate signed by or on behalf of the procurator fiscal and stating the date on which evidence sufficient in the opinion of the procurator fiscal to warrant the proceedings came to the knowledge of the procurator fiscal shall be conclusive evidence of that fact; and

(b) a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(6) If any person–

(a) makes an entry which that person knows to be false in any record which is required to be kept by virtue of regulation 8(1) or (2) or with intent to deceive makes use of any entry which that person knows to be false; or

(b) with intent to deceive–

(i) applies to a regulated carcase or part of such a carcase a mark prescribed by Article 1(1) of the Commission Regulation, or

(ii) applies to a label attached by virtue of regulation 5 an indication prescribed by Article 1(2) of that Regulation; or

(c) applies to a regulated carcase or part of such a carcase a mark so closely resembling a mark prescribed by Article 1(1) of the Commission Regulation as to be calculated to deceive; or

(d) applies to a label attached by virtue of regulation 5 an indication so closely resembling an indication prescribed by Article 1(2) of the Commission Regulation as to be calculated to deceive,

that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.

(7) Where a body corporate or a partnership is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of–

(a) any director, manager, secretary or other similar officer of the body corporate;

(b) any person who was purporting to act in any such capacity; or

(c) in the case of a partnership, a partner or person who was purporting to act as such,

any such person, as well as the body corporate or partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(8) For the purposes of paragraph (7), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.